To be clear, it is illegal for health insurers to turn people away because they are in poor health or to design their benefits in ways that discriminate against people with serious health conditions. Yet, HHS has never defined discrimination, so discrimination can be hard to prove.

Harvard Law School’s Center on Health Law and Policy Innovation is now taking to taks seven insurers in eight states for their failure to make necessary HIV drugs affordable or available for patients. It has filed complaints with the HHS Office for Civil Rights against Humana, Cigna, Independence Blue Cross, Anthem Blue Cross Blue Shield and UPMC health plan, Community Health Choice and Highmark. We can only hope that the Trump Administration will acknowledge this discrimination and address it.